Convicted Felon Pleads Guilty in Attack on Murrieta Woman

Saturday, November 3rd, 2012Issue 44, Volume 16.

MURRIETA - A parolee accused of sexually assaulting a Murrieta woman twice pleaded guilty today to false imprisonment under a deal with prosecutors that led to most of the charges against him being dropped.

Frank Wyatt Kelly, 38, could have faced life in prison if convicted of two counts of forcible rape and one count each of assault with intent to commit rape, sodomy and penetration causing injury.

But during a status conference before Riverside County Superior Court Judge Dennis McConaghy, the prosecution and defense announced that a plea agreement had been reached. Under that agreement, all sex-related charges were to be dropped if Kelly pleaded guilty to false imprisonment, which he did.

McConaghy accepted the plea and set a sentencing hearing for Nov. 9. The judge is expected to follow the prosecution's request for a 16-month prison sentence for the defendant, who has two prior felony convictions. Grounds for the plea agreement were not immediately known.

Kelly remains held without bail at the Southwest Detention Center in Murrieta.

In August, the alleged victim, identified only as Jane Doe, testified that she met Kelly for the first time on the afternoon of June 13 while unloading her vehicle after returning from a swap meet. The woman said Kelly was walking past and offered to help, which she accepted.

As the two were chatting, Kelly asked if he could treat the woman to dinner, but she declined Advertisement[ Berry-Bell and Hall Mortuary ] and instead offered to make him spaghetti. The 60-year- old widow testified that the defendant made several sexual advances, but she was not interested.

As the two were sitting on her sofa, Kelly became more aggressive and tried to kiss her, at which point she fled to another part of the house -- with him in pursuit, according to testimony.

"He says, 'Look, this is going to happen,"' Deputy District Attorney Ed Jensen said. "He takes her by the arm and into the bedroom. She's crying and saying 'no' the whole time."

The woman testified that Kelly raped her, attempting to justify the act by explaining that he had been in prison for years.

The defendant left the house, allegedly returning two hours later, according to Jensen.

"She opened it thinking it was someone else," the prosecutor said. "He comes in and assaults her a second time."

The woman testified that the defendant lingered for a while, smoking a cigarette, before departing.

She did not report the alleged assaults right away, choosing to wait until the following day during an appointment with her therapist to disclose the details, according to testimony.

Kelly, who lived in a house around the corner from the alleged victim's residence, was arrested the next morning without incident.

According to court records, the defendant's prior convictions were for spousal abuse and assault with a deadly weapon and assault resulting in great bodily injury.

4 comments

Realty CheckerComment #1 | Sunday, Nov 4, 2012 at 7:39 am

All sex related charges dropped to get him to plead down to false imprisonment after he has two felonies on the books, both pretty bad ones? What the heck has our justice system come to? No wonder these people don't mind offending! He should be locked away for good. Or worse.

are you serious???!!!???Comment #2 | Monday, Nov 5, 2012 at 1:48 am

No question of rape, has priors of all things. Will be out in less than a year with good behavior. This is beyond any words I could say.this is what our nation has come to. The woman has lived 60 years, just made dinner for someone that helped her. Now after all those years she will die with memories of being chased around and tortured. No excuses. no justification. He has a history. Now we are voting to rid the system of the three strikes rules because two violent strikes isn't enough. This is wrong, sick, of totally inexcusable!!!

PrestonComment #3 | Monday, Nov 5, 2012 at 8:30 am

This is not the fault of the Justice System.....
We have the system the American People voted for.

PrestonComment #4 | Monday, Nov 5, 2012 at 9:59 am

Realty Checker,
Don't blame the Justice system...
We have the system we voted for

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